Q: Need to deposit husband's check since he died (sole beneficiary in will) while waiting on death certificate. Can I?
My common-law husband died after surgery. He had given me durable POA and I am sole beneficiary of his estate. He had just gotten his inheritance check from the sale of his mother's property but hadn't signed it. I can't probate the will until I get a death certificate but want this check cashed before it's too late. Can I deposit this check into my account or open a new account, just to have this money safe and in a bank?
A:
You don't need to wait on the death certificate to get started with the probate process. Go ahead and contact a probate attorney to get that process started.
You may be allowed by your spouse's bank to deposit the check into his account, but maybe not. It's worth a try! If they don't let you, you'll have to wait until after the probate to open an estate checking account.
Nina Whitehurst agrees with this answer
A: No. You have no authority until a probate court appoints you executor of his Will or administrator of his estate. If you want to keep the money safe and in a bank, put the check in a safety deposit box.
Nina Whitehurst agrees with this answer
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